Description

Workers Comp Fraud is to knowingly make or present a false or fraudulent material statement or claim for the purpose of either obtaining or denying worker’s compensations benefits. Solicitation or referral for purposes of Insurance Fraud is a violation of state law. Any firm, corporation, partnership, or association, or any person acting in his or her individual capacity, or as a public or private employee, who solicits, accepts or refers any business to or from any individual with reckless disregard or is solicited or intends to violate state law may be charged with Workers Comp Fraud.

What does the prosecutor have to prove?

1. Defendant is a firm, corporation, partnership or association. or
1. Defendant is a public or private employee. or
1. Defendant acted in his or her individual capacity.
2. Defendant solicited, accepted, or referred a business to or from an individual or entity.
3. Defendant knew the individual or entity for or from whom the solicitation or referral was made, or the individual or entity who was solicited or referred, intended to violate Penal Code Section 550 or Insurance Code Section 1871.4. or
3. Defendant had reckless disregard for whether the individual or entity for or from whom the solicitation or referral was made, or the individual or entity who was solicited or referred, intended to violate Penal Code Section 550 or Insurance Code Section 1871.4.

Punishment

Felony: 16months/2years/3years
With probation 0-364 days
Misdemeanor: 0-364 days

 

Can this be charged as a felony or a misdemeanor (“wobbler”)?Yes
Is this charge a strike?No
Is this charge a “serious felony”No
Is this charge a “violent felony”No
Do I have to register as a sex offender if convicted?No
Do I have to register as a drug offender if convicted?No
Do I lose my right to own or possess a firearm if convicted?Yes
Do I lose my right to vote if convicted?Yes
Am I eligible for a local sentence (PC § 1170(h)) if convicted?Yes
Am I eligible for PC § 1000 drug diversion if convicted?No
Am I eligible for Prop. 36 drug diversion if convicted?No
Am I required to give a DNA sample if convicted?Yes
Is this charge considered a “crime of moral turpitude” for immigration purposes?Yes
Is this charge considered a “aggravated felony” for immigration purposes?May
Is this charge considered a “controlled substance violation” for immigration purposes?No
Is this charge considered a “domestic violence” for immigration purposes?No
Is this charge considered a “firearm conviction” for immigration purposes?No